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Crimes Act 1961

Matters of justification or excuse - Breach of the peace

47: Protection of members of New Zealand forces

You could also call this:

"Rules to keep New Zealand forces members safe when following orders"

Illustration for Crimes Act 1961

If you are a member of the New Zealand forces, you have to obey the lawful commands of your superior officer. You are allowed to obey commands from your superior officer to stop a riot, as long as the command is not clearly against the law. Whether a command is clearly against the law or not is decided by a court of law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328266.

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Crime and justice > Criminal lawGovernment and voting > Emergency management
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46: Suppression of riot by persons without orders, or

"Stopping a riot if you think it will cause serious harm and police are not there"

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48: Self-defence and defence of another, or

"You can use reasonable force to protect yourself or others if you believe it's needed."

Part 3Matters of justification or excuse
Breach of the peace

47Protection of members of New Zealand forces

  1. Every one bound as a member of the New Zealand forces to obey the lawful command of his or her superior officer is justified in obeying any command given him or her by any such officer for the suppression of a riot, unless the command is manifestly unlawful.

  2. It is a question of law whether any particular command is manifestly unlawful or not.

Compare
  • 1908 No 32 s 71